Loudoun County Circuit Court, Virginia Sealing & Redaction Procedures

CRITICALCriminal cases

The court must maintain returned RDM under seal, while keeping sealed material available for inspection by counsel of record.

The court shall maintain such returned RDM under seal. Any material sealed pursuant to this section shall remain available for inspection by counsel of record.

CRITICALCriminal cases

The defendant’s attorney must return all disclosed RDM originals and copies to the court within 21 days after entry of a final trial-court order or when the representation ends.

(E) Within twenty-one (21) days of the entry of a final order by the trial court, or upon the termination of the representation of the defendant, the defendant’s attorney shall return to the court all originals and copies of any RDM disclosed pursuant to this order.

CRITICALCriminal cases

Material evidence disclosed or discovered under the Order and filed with the clerk must remain sealed until admitted at a trial or hearing or unsealed by court order.

Any material evidence disclosed or discovered pursuant to this Order and filed with the clerk of the court shall be placed under seal until it is either admitted as an exhibit at a trial or hearing or the court enters an order unsealing specified material or evidence.

CRITICALCriminal cases

Restricted Dissemination Material may be disclosed only to defense counsel or an expert witness; counsel may communicate or show it to the defendant but may not provide copies, and the material otherwise may not be reproduced, copied, or disseminated.

(C) RDM may only be disclosed to the defendant’s attorney, or to an expert witness. The defendant’s attorney may orally communicate the content of RDM to the defendant or allow the defendant to view the content of such material but shall not provide the defendant with copies of material so designated. RDM may not otherwise be reproduced, copied or disseminated in any way.

WARNINGCriminal cases

A defendant may move at any time to remove an RDM designation made under paragraph 2(B), and the court may remove it for good cause.

(D) If the Commonwealth designates evidence or material as RDM pursuant to paragraph 2(B) of this section, the defendant may at any time file a motion seeking to remove that designation from such evidence or material. Should the court find good cause to remove the designation, it may order that the evidence or material no longer be designated as RDM.

WARNINGCriminal cases

The Commonwealth may designate disclosed evidence or material as Restricted Dissemination Material without supporting certification if the defendant’s attorney agrees.

(A) The Commonwealth may designate any evidence or material subject to disclosure pursuant to this Order as RDM, without supporting certification, if the defendant’s attorney agrees to the designation.

WARNINGCriminal cases

A defendant’s attorney may redact a witness’s personal identifying information only if authorized by a protective order; the sentence is truncated in the provided text.

The defendant’s attorney may redact the personal identifying information of any witness if so authorized by a protective order entered pursuant

WARNINGCriminal cases

A defendant may move for disclosure of redacted personal identifying information; for good cause, the court may order disclosure and may designate the information as Restricted Dissemination Material.

(B) If the Commonwealth redacts personal identifying information pursuant to this Order the defendant may file a motion seeking disclosure of the redacted information. Should the court find good cause for disclosure, it may order the Commonwealth to provide the redacted information. In its discretion, the court ordering the provision of redacted personal identifying information may order that the information be identified as "Restricted Dissemination Material” pursuant to paragraph 2 of this section.

WARNINGCriminal cases

The Commonwealth may redact qualifying witnesses’ or victims’ residential addresses, telephone numbers, e-mail addresses, and employment places, as well as any person’s date of birth and Social Security Number in disclosed material.

(A) The Commonwealth may redact the residential address, telephone number, e-mail address and place of employment of any witness or victim, or any member of a witnesses or victim’s family, who satisfies the conditions outlined in Virginia Code Section 19.2-11.2. The Commonwealth may redact the date of birth and Social Security Number of any person whose information is contained in material or evidence provided pursuant to this Order.

WARNINGCriminal cases

Redaction or restricted-dissemination designation applies to all material or evidence provided under the Order.

The redaction or the designation of restricted dissemination material shall apply to any material or evidence provided under this Order.